(Perhaps if Posner were a historian, he’d have remembered the whole “a well regulated militia being necessary to the security of a free state” clause that precedes our supposedly inviolable rights to carry around loaded hand cannons that pack the lethality of half of the Continental Army.)
* Munger Tolles & Olson recently announced a new partnership class, 75 percent of which is composed of women. Let’s hear three cheers for diversity in the practice of law! Oh, and uh… congratulations to the lone white guy, too. [The Careerist]
* Praise the Lord and pass the ammunition: in an opinion penned by Judge Richard Posner, a divided three-judge panel of the Seventh Circuit struck down an Illinois law banning the concealed carrying of loaded weapons outside the home. [Bloomberg]
* Holy crap! Law students asked for change, and the Arizona Supreme court is giving them exactly what they wanted, which is impressive. 3Ls will now be able to sit for the February bar exam. [National Law Journal]
* And speaking of Arizona, the Phoenix City Council and state Board of Regents have approved ASU Law’s plans to move its campus, and the city even threw in $12M to sweeten the deal. [Phoenix Business Journal]
* Remember the defamation suit Cooley Law filed against a former student who anonymously criticized the school on his blog? His lawyer will defend his anonymity today in court. [Thomson Reuters News & Insight]
* Nevermind the fact that he’s a “person of interest” in a homicide case, because a Guatemalan judge ordered that antivirus mogul John McAfee should be released due to his illegal detention. [Los Angeles Times]
* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]
* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]
* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]
* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]
* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]
* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]
* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]
‘If there’s one thing America needs, it’s more lawyers!’
* Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times]
* As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald]
* Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post]
* Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing]
* Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer]
* A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris]
* Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]
If you’ve ever smoked a Cuban cigar, raise your hand. Okay, now you can put it down. If you have not ever smoked a Cuban, please stop lying. Or maybe not, if you want to keep your law license.
Wait, what? If every attorney who smoked the occasional Monte Cristo got disbarred, Bane would be in charge of American law right now. But not every attorney is sentenced to 37 months in prison for smuggling “trunkloads” of the wonderful contraband into the U.S…
As Brian Tannebaum wrote earlier today, many lawyers (and their cases) live and die by the ticking of the clock. Any attorney — or anyone who’s ever talked with an attorney — has heard about late nights struggling to file a brief by deadline.
So what happens when a litigant files a motion for appeal at 3 a.m. instead of the 12 a.m. deadline, and the judge allows the late filing anyway, then dismisses it on the merits… leading to yet another appeal?
In our Benchslap of the Day, Judge Frank Easterbrook writes, “it does not take a reference to Cinderella to show that midnight marks the end of one day and the start of another.” But maybe the plaintiff in the case does need to remember that he turns into a pumpkin at midnight, not 3 a.m….
I won’t burden you with the subject of my remarks (regular readers of this column could probably guess), but I’ll share the sublime. Judge Easterbrook said one thing, and he failed to mention another topic that he often raises.
Judge Easterbrook explained that, as a young lawyer, he had sent a brief to the Third Circuit for filing. The clerk rejected the brief and mailed it back. Easterbrook called, and the clerk’s office explained that it had rejected the brief because the back cover was the wrong shade of blue — a shade specified by an unwritten local rule. Easterbrook asked if there were any other unwritten rules, and the clerk said he wasn’t sure. Easterbrook mailed a revised version of the brief, which the clerk’s office again rejected — this time for violating a different unwritten local rule. On the third try, the clerk’s office finally accepted the brief. Easterbrook swore that, if he were ever the chief judge of a circuit, all of the rules would be in writing. Easterbrook then told the assembled crowd that (1) the Seventh Circuit’s written rules are fairly comprehensive and (2) the clerk’s office is extremely helpful if you call for advice, so there’s no longer an excuse for not complying with appellate local rules.
Judge Easterbrook last week chose not to discuss a different subject. One of the other folks who attended the breakfast meeting told me that the judge often raises this in his talks . . .
I feel queasy just looking at this photo of Nutriloaf.
Deliberate withholding of nutritious food or substitution of tainted or otherwise sickening food, with the effect of causing substantial weight loss, vomiting, stomach pains, and maybe an anal fissure (which is no fun at all, see http://en.wikipedia.org/wiki/Anal_fissure (visited March 15, 2012)), or other severe hardship, would violate the Eighth Amendment.
– Judge Richard Posner, in Tuesday’s ruling in Prude v. Clarke. The Seventh Circuit reinstated a lawsuit filed by a prisoner who alleged that being fed nutriloaf (a.k.a. Nutraloaf) in the Milwaukee County Jail amounted to cruel and unusual punishment.
(Judge Posner had more strong words to say about nutriloaf, as well an in-depth analysis to answer this crucial question: what the heck is nutriloaf?)
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
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Additional information can be located on our website, at www.sgtlaw.com.